Sec.  74.1203   Interference.

   (a) An authorized FM translator or booster station will not be permitted to
   continue to operate if it causes any actual interference to:

   (1) The transmission of any authorized broadcast station; or

   (2) The reception of the input signal of any TV translator, TV booster, FM
   translator or FM booster station; or

   (3) The direct reception by the public of the off-the-air signals of any
   authorized  broadcast station including TV Channel 6 stations, Class D
   (secondary) noncommercial educational FM stations, and previously authorized
   and operating FM translators and FM booster stations. Interference will be
   considered  to  occur whenever reception of a regularly used signal is
   impaired by the signals radiated by the FM translator or booster station,
   regardless of the quality of such reception, the strength of the signal so
   used, or the channel on which the protected signal is transmitted.

   (b) If interference cannot be properly eliminated by the application of
   suitable techniques, operation of the offending FM translator or booster
   station shall be suspended and shall not be resumed until the interference
   has been eliminated. Short test transmissions may be made during the period
   of suspended operation to check the efficacy of remedial measures. If a
   complainant refuses to permit the FM translator or booster licensee to apply
   remedial techniques which demonstrably will eliminate the interference
   without  impairment  to the original reception, the licensee of the FM
   translator or booster station is absolved of further responsibility for that
   complaint.

   (c) An FM booster station will be exempted from the provisions of paragraphs
   (a)  and  (b)  of this section to the extent that it may cause limited
   interference to its primary station's signal, provided it does not disrupt
   the existing service of its primary station or cause such interference
   within the boundaries of the principal community of its primary station.

   (d) A fill-in FM translator operating on the first, second or third adjacent
   channel to its primary station's channel will be exempt from the provisions
   of paragraphs (a) and (b) of this section to the extent that it may cause
   limited interference to its primary station's signal, provided it does not
   disrupt  the  existing  service  of  its primary station or cause such
   interference within the boundaries of the principal community of its primary
   station.

   (e) It shall be the responsibility of the licensee of an FM translator or FM
   booster station to correct any condition of interference which results from
   the radiation of radio frequency energy by its equipment on any frequency
   outside the assigned channel. Upon notice by the Commission to the station
   licensee that such interference is being caused, the operation of the FM
   translator or FM booster station shall be suspended within three minutes and
   shall not be resumed until the interference has been eliminated or it can be
   demonstrated that the interference is not due to spurious emissions by the
   FM translator or FM booster station; provided, however, that short test
   transmissions may be made during the period of suspended operation to check
   the efficacy of remedial measures.

   [ 55 FR 50693 , Dec. 10, 1990, as amended at  60 FR 55484 , Nov. 1, 1995]